Immigration (Work Authorization)

By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 2091) of David F. DeCoste, Marcus S. Vaughn and Marc T. Lombardo relative to the verification of employment eligibility of employees through the federal employment authorization e-verify program. Labor and Workforce Development.

Massachusetts bill SD 956 requires employers with state business licenses to verify all new employees' work authorization using the federal E-Verify program. It prohibits employers from intentionally or knowingly hiring unauthorized workers, including those contracted through independent contractors. The law establishes a complaint process where workers or others can report violations without providing Social Security numbers, with investigations handled by the Attorney General or District Attorneys. Employers found violating the law must terminate unauthorized employees' work and face penalties, while all immigration status checks must be confirmed through federal authorities, not state officials.

HD 1873, "An Act protecting Massachusetts workers," requires most Massachusetts employers to verify new employees' work authorization using the federal E-Verify program. It directly affects employers (including businesses with state licenses, governments, and self-employed individuals) who hire employees, excluding independent contractors. Key provisions mandate verification after hiring, prohibit intentional hiring of unauthorized workers, create a simplified complaint process for violations (without requiring social security numbers), and direct investigations to the Attorney General or district attorneys. The bill also requires federal verification of immigration status (not state determination) and establishes penalties for false complaints. It applies to violations occurring on or after January 1, 2022.